At the end of September, the Department of Homeland Security (DHS) announced the extension and redesignation of Temporary Protected Status (TPS) for Venezuela. The detailed instructions are now available in the Federal Register.
The 18-month extension of TPS and employment authorization for those who already have TPS runs from March 11, 2024, until September 10, 2025. The redesignation, on the other hand, runs from October 3, 2023, until April 2, 2024.
The timing for applying for the extension and the redesignation are different.
Venezuelans who are already in TPS and have employment authorization must apply for the extensions during the 60-day registration period that runs from January 10, 2024, until March 10, 2024. Failure to re-register could result in a withdrawal of status.
Because DHS recognizes that there may be a gap in employment authorization even for those who timely apply, Venezuelan TPS-based Employment Authorization Documents (EADs) with expiration dates of March 10, 2024, or September 9, 2022, will be automatically extended until March 10, 2025. Once new EADs are issued, they will have an expiration date of April 2, 2025.
Individuals who are taking advantage of the redesignation may make initial TPS and EAD applications between October 3, 2023, and April 2, 2025, when the redesignation will expire. As with those seeking extensions, individuals must meet all the general eligibility requirements, but they also must show:
- Continuous residence in the United States since July 31, 2023; and
- Continuous physical presence in the United States since October 3, 2023.
Individuals making initial applications must have a valid EAD to show work authorization. The automatic extensions would not apply.
Jackson Lewis attorneys are available to assist with TPS questions and associated employment authorization and Form I-9 Employment Eligibility Verification, as well as E-Verify completion issues.